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STATE v. CHERRYHOMES

No. 23409.

930 P.2d 1139 (1996)

122 N.M. 687

STATE of New Mexico, Plaintiff-Petitioner, v. Debra Anne CHERRYHOMES, Defendant-Respondent.

Supreme Court of New Mexico.

November 26, 1996.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, for Plaintiff-Petitioner.

Stout & Winterbottom, Richard A. Winterbottom, Albuquerque, for Defendant-Respondent.

OPINION

RANSOM, Justice.

1. Debra Anne Cherryhomes was convicted of the fourth-degree felony of custodial interference with the parental rights of her daughter's father. See NMSA 1978, § 30-4-4(B) (Repl.Pamp.1994) (custodial interference). The Court of Appeals reversed the conviction, holding that the assistant district attorney who filed the criminal information had not been properly appointed a special prosecutor, thus negating the jurisdiction...

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